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Charles St. John, in the township of Jay, in the county of Elk; and all dams erected, or hereafter to be erected, shall have schutes, so constructed, as to allow the free passage of lumber, timber and logs.

JOHN CESSNA,

Speaker of the House of Representatives.
GEORGE V. LAWRENCE,

Speaker of the Senate.

APPROVED-The twenty-second day of April, Anno Domini one thousand eight hundred and sixty-three.

A. G. CURTIN.

No. 522.

An Act

To prevent vexatious attachments, and to regulate the costs thereof.

SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That where, in any attachment, execution, or scire facias on foreign attachment, issued out of any court of record in this state, the garnishee, after issue joined therein, shall be found to have in his possession, or control, no real or personal property of the defendant, nor to owe him any debt, other than such property, or debts, as shall have been already admitted by the plea or answers of the garnishee, or in case, without going to trial, the plaintiff shall take judgment against the garnishee, for what shall be so admitted in his plea or answer, then, and in either such case, the garnishee shall be entitled, in addition to the costs already allowed by law, to a reasonable counsel fee, out of the property in his or their hands, to be determined and taxed, in case of dispute, by the court, or by some person appointed for that purpose.

JOHN CESSNA,

Speaker of the House of Representatives.
GEORGE V. LAWRENCE,

Speaker of the Senate.

APPROVED The twenty-second day of April, Anno Domini

one thousand eight hundred and sixty-three.

A. G. CURTIN.

No. 523.

A Further Supplement

To an act, entitled "An Act relating to Allegheny county," approved the first day of May, Anno Domini one thousand eight hundred and sixtyone, and the supplement thereto, approved the eight day of April, Anno Domini one thousand eight hundred and sixty-two.

SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, Certain provi- That so much of the twenty-fourth and twenty-fifth sections, sions, relativeto of the act approved May first, Anno Domini one thousand the enforcement eight hundred and sixty-one, as provides a peculiar system for the return of uncollected taxes, and the subsequent proceedings, by scire facias, to enforce the payment of the same, in Allegheny county, be and the same are hereby repealed, and that the general laws of the state, in regard to the enforcement of taxes upon unseated lands, be and the same are hereby revived and continued in full force in said county.

of taxes upon unseated lands, repealed.

Compensation

SECTION 2. That the eleventh section of the supplementary of physician to act, approved the eighth day of April, Anno Domini one thoucounty jail. sand eight hundred and sixty-two, be so amended, as to provide, that the physician to the county jail, shall receive any amount agreed upon, not exceeding six hundred dollars.

Official term of

ler.

SECTION 3. That hereafter, the controller of Allegheny councounty control- ty shall enter upon the duties of his office, on the first day of February, succeeding the time of his election, and that the term of the present controller, is hereby extended from December first, Anno Domini one thousand eight hundred and sixtyfive, to the first day of February, Anno Domini one thousand eight hundred and sixty-six.

The eighth section of original act repealed.

SECTION 4. That the eighth section of the act, approved the eighth day of April, Anno Domini one thousand eight hundred and sixty-two, to which this is a supplement, be and the same is hereby repealed.

JOHN CESSNA,

Speaker of the House of Representatives.
GEORGE V. LAWRENCE,

Speaker of the Senate.

APPROVED-The twenty-second day of April, Anno Domini

one thousand eight hundrded an sixty-three.

A. G. CURTIN.

1 No. 524.

A Supplement

To an act relating to the liens of mechanics, and others, upon buildings, approved the sixteenth of June, one thousand eight hundred and thirtysix.

SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the supplement to the act relating to liens of mechanics, and others, upon buildings, approved the sixteenth of June, one thousand eight hundred and thirty-six, approved the first day of May, one thousand eight hundred and sixty-one, be and the same is hereby extended to the county of Huntingdon : Provided, That nothing in this act shall render property liable to liens for repairs, alterations, or additions, where the same has been altered by any lessee, or tenant, without the written consent of the owner, or owners, or reputed owner, or owners, or his, or her, duly authorized agent: Provided further, That the lien for repairs, authorized by this act, shall not have priority over any lien entered before the commencement of such repairs.

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APPROVED-The twenty-second day of April, Anno Domini one thousand eight hundred and sixty-three.

A. G. CURTIN.

No. 525.

An Act

To provide for the adjudication and payment of claims arising from the loss of horses, and other property, taken, or destroyed, in the border counties by the rebels, in October, Anno Domini one thousand eight hundred and sixty-two, and for property and horses impressed for the use of the military of the State, in September, one thousand eight hundred and sixty-two.

WHEREAS, The rebels, under the command of Gen. Stuart, Preamble. did, on the tenth and eleventh days of October, Anno Domini

Court of common pleas of Dauphin coun

ty to appoint three appraisers

Their duties.

Court to review report and certify to governor. Governor to make claim

from the gene

one thousand eight hundred and sixty-two, make a raid through the counties of Franklin and Adams, in this state, taking with them a large number of horses, and either taking, or destroying, other property, belonging to loyal citizens of this state:

And whereas, A large number of horses were left in the pos session of the citizens of said counties, which were afterwards taken by the national authorities; therefore,

SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assem bly met, and it is hereby enacted by the authority of the same, That the court of common pleas, of Dauphin county, is hereby authorized, and directed, to appoint three competent, and disinterested, appraisers, who, after being duly sworn, or affirmed, shall proceed to examine, and ascertain, the losses, and damages, sustained by citizens of this commonwealth, by reason of the occupancy of, and trespass upon, their lands, by any part of the militia force, which was called into active service in the month of September, Anno Domini eighteen hundred and sixtytwo, for the purpose of defending the southern border of the state; also, to examine, and ascertain, the losses, and damages, sustained by citizens of this state, by reason of the impressment of their horses, wagons, teams, forage, printing, and other property, into the service of the United States, for the use of the Anderson Cavalry, in the month of September, Anno Domini one thousand eight hundred and sixty-two; also, to examine, and ascertain, the losses, and damages, sustained by citizens on the southern border of this state, by reason of the rebel raid, under General Stuart, on the tenth and eleventh days of October, Anno Domini one thousand eight hundred and sixty-two; and after ascertaining the losses, and damages, sustained by individuals, in each of the cases above designated, they shall report the same, with all the testimony, to said court.

SECTION 2. That the court of common pleas, aforesaid, on the receipt thereof, is hereby directed to review, affirm, revise, or set aside, the same, in whole, or any part thereof, and certify the same to the governor of this commonwealth, who is ral government, directed to make claim, for the amount of losses and damages, and in case of therein specified, from the general government; and should failure to secure he fail to secure payment of the same, or any part thereof, payment, to re- then he is directed to report the same to the next legislature, recommending such action as he may deem just and proper. Appraisers may SECTION 3. That the said appraisers shall have power to ad

port to the Le

gislature.

oaths.

administer minister oaths, and affirmations, and shall each receive, as compensation for their services, four dollars per diem: ProTheir compen- vided, That the attorney general shall have ten days' notice Notice to attor- of the time and place of appointing the appraisers, authorized by this act.

sation.

ney general.

JOHN CESSNA,

Speaker of the House of Representatives.
GEORGE V. LAWRENCE,

Speaker of the Senate.

APPROVED-The twenty-second day of April, Anno Domini

one thousand eight hundred and sixty-three.

A. G. CURTIN.

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To the act to consolidate, revise, and amend, the penal laws of this Commonwealth, approved the thirty-first day of March, one thousand eight hundred and sixty.

SECTION 1. Be it enacted by the Senate and House of Represenatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the one hundred and twenty-fourth section of the act to Certain section which this is a supplement, shall also extend to, and include, extended to any guardian, or guardians, of a minor child, or children, ap- children. guardians of pointed by the orphans' court of the respective counties, in the same manner as executors, administrators, and assignees. SECTION 2. If any person shall, in the day time, break, and Penalty for enenter, any dwelling house, shop, warehouse, store, mill, barn, tering a dwellstable, out house, or other building, or wilfully and malicious- ing house, &c., in day time, to ly, either by day, or by night, with, or without, breaking, encommit a ter the same, with intent to commit any felony, whatever, felony. therein, the person so offending shall be guilty of felony, and on conviction, be sentenced to pay a fine, not exceeding five hundred dollars, and to undergo an imprisonment, by separate, or solitary, confinement at labor, not exceeding four years. JOHN CESSNA,

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APPROVED-The twenty-second day of April, Anno Domini one thousand eight hundred and sixty-three.

A. G. CURTIN.

No. 527.

An Act

Relating to returns by collectors of taxes upon unseated lands, in the county of Potter.

SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assem bly met, and it is hereby enacted by the authority of the same,

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